Florida Medical Malpractice
In the State of Florida, an action for medical malpractice typically includes a claim for damages resulting in death, injury, or financial loss due to negligent medical, dental, or surgical treatment by a healthcare provider. The term ‘healthcare providers’ covers a vast amount of healthcare professions and healthcare companies. For example, healthcare providers include hospitals, surgeons, licensed birthing centers, dialysis facility, doctors, etc. Although each medical malpractice case is unique, every case must show that a healthcare provider failed to behave in a reasonably prudent manner similar to other healthcare providers under the same circumstances. Medical malpractice law is complex and requires specific knowledge of the law. As such, if you or someone you know was injured or died due to the negligence of a healthcare provider, it is imperative that you contact an attorney for help.
Time Limit To File A Medical Malpractice Lawsuit
If you believe you are the victim of medical malpractice, you should be aware that the State of Florida has strict deadlines, called the statute of limitations, on how long you have to file a lawsuit against the negligent healthcare provider. In Florida, an action for medical malpractice must be filed within two years of the incident occurring or within two years of discovering the incident. However, despite the date of the incident, or your discovery of it, no medical malpractice suit can be filed after four years of the incident. This time limit does not apply to a minor who was injured before their eighth birthday. Therefore it is important you contact a lawyer to properly file your lawsuit as soon as possible so your case is not dismissed for exceeding the time limits imposed by Florida law.
Florida Medical Malpractice Caps On Noneconomic Injuries
In the State of Florida, there are laws in place that limit the amount of non-economic damages you may receive in you medical malpractice lawsuit. Noneconomic damages include pain and suffering, inconvenience, physical impairment, mental anguish, disfigurement, and loss of enjoyment of life as a result of your injury (or death) caused by your negligent healthcare provider. For personal injury or wrongful death due to medical negligence of a practitioner, non-economic damages may not exceed $500,000 in damages. For personal injury or wrongful death due to the medical negligence of a non-practitioner, non-economic damages may not exceed $750,000. If the medical malpractice of a practitioner resulted in a permanent vegetative state or death, noneconomic damages may not exceed $1 million. And if the medical malpractice of a non–practitioner resulted in a permanent vegetative state or death, noneconomic damages may not exceed $1.5 million.
There are, however a variety of special circumstances, such as catastrophic injury that results in permanent impairment, which may affect how much you are awarded for you case. Financial compensation can be a complex aspect of your case, therefore it is paramount that you contact a lawyer thoroughly experienced in Florida medical malpractice.
In addition to noneconomic damages for you medical malpractice case, you may also be entitled to economic damages. Economic damages are your financial losses that would not have occurred but for the negligent injury caused by your healthcare provider. Economic injuries generally include past and future medical expenses, 80 percent of your wage loss and your loss of earning capacity.
We Can Help You File a Claim for Compensation
Medical malpractice is one of the most complex areas of law and your case should be handled by a lawyer. An intricate investigation, expert medical opinions, mandatory time limits to file your medical malpractice case as well as noneconomic and economic damages are just a few of the intricacies to your case. If you or anyone you know has been injured or died due the negligent actions of a healthcare provider, contact the medical malpractice lawyers at the Miami office of Alan Goldfarb, P.A. to evaluate your case and receive just compensation.